Do I file N-400 or N-600 ? thanks

[West201]

I’m 24 years old and was born in 1989. I immigrated to the U.S in 1992 and was on a visa until I received my Green Card (LPR) in 2000. My father however immigrated into the U.S in 1987 and become a Naturalized U.S Citizen in 1996, mom on the other hand hasn’t applied for Naturalization and is still a LPR. My dad had filed N-600 before I turned 18, but the process wasn’t completed as I did not attend the Ceremony (due to the fact we moved). Now that am over 18 (24 now) I’m not sure which forms to file. If I should file N-400 or N-600? If I apply by N-600 do I receive the Certificate by mail? I'm assuming my LPR was lost since we haven't seen it in years, is this going to affect the process ? I am currently in process of taking employment overseas soon, and would like to get this done.

 

[Jackolantern]

If you met the necessary criteria for deriving citizenship through your father (having a green card while living with him in the US in his legal and physical custody), you can't file N-400; if you do, they'll deny it and tell you to file N-600.

However, with your upcoming travel plans, N-600 doesn't solve your problem, as it takes months and you can't use it to travel. So your priority is to apply for a US passport. That can be done through a post office, or if you have proof of upcoming travel within 2 weeks you can get it through a passport agency within 24 hours (sometimes same day if you have an appointment there in the morning). You'll need to gather up the same documents that were used for the N-600 ... your father's naturalization certificate, your birth certificate, your green card, your parent's marriage certificate (or divorce decree with custody papers, if divorced), and documents showing that you were living with your father at some point in time between Feb. 27, 2001 and your 18th birthday (school records are often used for this purpose).

When you're ready for the N-600, file a Motion to Reopen to revive the old N-600 process. Include the old letter for the ceremony appointment which you missed, and include a copy of the identifying pages of your US passport (if your US passport has been issued by the time you file the MTR for the N-600).

 

[West201]

Thank You for your detailed response.


I don't know if we ever received any letter other that I know I missed the ceremony appointment. Do I need an attorney to file this motion ?

 

[madh4]

Thank You for your detailed response.


I don't know if we ever received any letter other that I know I missed the ceremony appointment. Do I need an attorney to file this motion ?

Absolutely no need. waste of money hiring attorney for straight forward cases. Hope you had not abandoned your GC in the past. Hope all your entries and exits are properly recorded. Your passport has all entry stamps in USA and some proof for exits like entry stamp in other countries.

 

[Jackolantern]

I don't know if we ever received any letter other that I know I missed the ceremony appointment.

If you had an appointment for the ceremony, you would have received an appointment letter. If you can't find it, look for the receipt notice for the N-600, which was sent to you about a couple weeks after the N-600 was submitted. Either one will have the 13-digit receipt number, which is important for locating your old application.

Do I need an attorney to file this motion ?

No, but you will need to do your due diligence with understanding the I-290B form and gathering your documents.